The real issue here is that, even IF the 405 patent "anticipates the concept of Guitar Hero", Gibson never REDUCED IT TO PRACTICE. They never built it, wrote it, marketed it, etc. Otherwise, there would be Gibson Guitar Hero (or some other name) on the shelves in competition with Guitar Hero, and THEN Gibson would have a case of patent infringement.
Sorry to say, for all of the good Henry J, the CEO has done in rescuing Gibson and Wurlitzer from oblivion, he is an attorney, and not IMO a real inventor. Despite his many patent filings, few if any of which have been built and put on the market.
This is where the patent system falls down: they no longer really require building what you patent, leaving the patent system and the marketplace at the mercy of "patent trolls".
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